Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 81) sur l'inspection du travail, 1947 - Costa Rica (Ratification: 1960)

Autre commentaire sur C081

Observation

Demande directe

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Articles 5(a), 17 and 18 of the Convention. Cooperation between the labour inspection services and the judiciary. The Committee notes the indication in the Government’s report that during the meeting held in April 2015 between the Deputy Minister of Labour and Social Security and magistrates, it was agreed to provide for joint training with the School for the Judiciary for labour inspectors and the judiciary. It also notes that in August 2015 the Constitutional Chamber of the Court indicated that it would like to examine the constitutionality of Legislative Decree No. 9076 (the Decree to reform labour procedures). This, according to the Government, undermines the progress achieved in improving enforcement and punishment procedures for violations of labour legislation. The Committee requests the Government to provide information on the implementation of the joint training for inspectors and the judiciary and its impact on the effectiveness of enforcement and punishment procedures in the field of labour. It also requests the Government to provide information on any developments in the adoption of the reform of labour procedures, and on any other measures envisaged or adopted to improve the application of penalties for violations of labour legislation.

Article 5(b). Collaboration between inspection officials and employers and workers or their organizations. The Committee notes that, more than ten years after it noted the establishment in 2003 of the National Technical Advisory Council on Labour Inspection and the Regional Technical Advisory Councils, these bodies have not yet become operational. The Committee requests the Government to provide information on any measures adopted to promote collaboration between labour inspectors and employers and workers or their organizations.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. In its previous comments, the Committee noted that the Plan of Action (June 2012 – September 2013) for the strengthening of the labour inspectorate in the context of ILO technical assistance included the establishment of a system for the mapping of occupational risks with a view to the planning and evaluation of labour inspection; the provision to the Ministry of Labour and Social Security (MTSS) of updated annual data on industrial accidents and cases of occupational disease notified to occupational risk insurance schemes; and the conclusion of an agreement with the General Insurance Supervisory Board (SUGESE) for insurance funds to notify industrial accidents, among other things, to the MTSS. The Committee requested the Government to provide information on the progress achieved in the establishment of this system and the availability to the MTSS of the data referred to above. The Committee notes that the Government has not replied to its request for information in relation to Article 14. However, it notes the information on the employment injuries registered annually between 2009 and 2014, and the number of work-related deaths registered, which is contained in the Government’s report. The Committee requests the Government to take the necessary measures to establish in the national legislation in which cases and in what manner industrial accidents and cases of occupational disease shall be notified to the labour inspectorate, in accordance with this Article of the Convention.

Articles 19, 20 and 21. Periodic reports and the preparation, publication and communication of an annual inspection report. In its previous comments, after noting that one of the recommendations made during the 2012 evaluation was the updating of the Labour Information and Case Administration System (SILAC), the Committee expressed the hope that ILO technical assistance would facilitate the adoption of measures to enable local inspection offices to prepare the periodic reports envisaged in Article 19, and that these reports would enable the central inspection authority to prepare an annual report, in accordance with Articles 20 and 21 of the Convention. The Government indicates that the periodic reports prepared by labour inspectors can be found in the SILAC. The Committee notes the statistical tables contained in the Government’s report (based on the data registered by inspectors in SILAC) on the number of inspections made between 2010 and 2014 and the number of employers registered with the Costa Rica Social Security Fund (CCSS) over the same period, the number of initial inspections carried out in 2014 by region and branch. The Committee reminds the Government that such information, as well as data on the other matters covered by Article 21, have to be published in the form of an annual report, a copy of which has to be provided to the ILO. The Committee therefore requests the Government to take the necessary measures to ensure that the central inspection authority publishes an annual report containing information on the matters enumerated in clauses (a) to (g) of Article 21 and for the transmission of the report to the Office within the time-limits set out in Article 20. It also requests the Government to provide copies of the most recent periodic reports submitted by regional offices in accordance with Article 19.